Marine Le Pen’s eligibility to contest France’s 2027 presidential election has come under renewed scrutiny after Didier Guerin, president of the honorary chamber of the French Supreme Court, argued that her conviction for misusing European Parliament funds could prevent her from standing.
In an interview published by Le Monde on Tuesday, Guerin, who presided over the Supreme Court’s criminal chamber from 2014 to 2017, said Le Pen would be unable to run in the April-May election if her appeal in cassation succeeds. His interpretation of the legal consequences of such an outcome differs from that of other senior legal figures, including Supreme Court chief prosecutor Remy Heitz.
Le Pen was convicted of misappropriating European Parliament funds after using money intended for parliamentary assistants to pay party employees and domestic staff. On 31 March 2025, a first-instance court sentenced her to two years of house arrest and five years of ineligibility, with the ban taking immediate effect.
An appeals court subsequently reduced the sentence to one year of house arrest and 15 months of ineligibility, a period that Le Pen has already served. She then launched her bid for the 2027 presidency, but the outstanding Supreme Court proceedings have created uncertainty over whether she can stand.
Guerin argues that if the Supreme Court annuls the appeal judgment, the original first-instance ruling would apply, restoring the five-year ineligibility period. Under that interpretation, Le Pen would be barred from contesting the election.
He maintains that the court’s jurisprudence supports his position, although other jurists disagree. Remy Heitz, the Supreme Court’s chief prosecutor, has defended a contrary interpretation of the legal effects of an appeal and the provisional enforcement of sentences.
According to Guerin, Le Pen’s only route to remaining eligible would be for the Supreme Court to reject her appeal and uphold the conviction delivered by the appeals court. That outcome would leave in place the shorter ban, which she has already served.
The timing of the court’s decision could also prove decisive. Guerin said that if the Supreme Court has not ruled by 26 March 2027, the deadline for validating candidacies ahead of the first round scheduled for 28 April, Le Pen would be unable to pursue what would be her fourth presidential bid.
Le Pen has challenged Guerin’s public intervention, filing a complaint with France’s Superior Council of the Judiciary. In a statement, her six lawyers accused the honorary magistrate of breaching the duty of discretion expected of judges and making assessments of a political nature.
Her legal team argues that Guerin’s interpretation conflicts with current law governing the provisional enforcement of sentences and the effects of judicial appeals. The lawyers also cited Heitz’s opposing position as evidence that the legal consequences remain disputed.
The complaint further questions whether an honorary magistrate should publicly comment on a judicial decision concerning his own institution while discussing possible future political outcomes, including the prevention of Le Pen’s candidacy or her removal from office if elected.
Le Pen has asked the Superior Council of the Judiciary to remind Guerin of his ethical obligations, arguing that his remarks go beyond legal analysis and could damage public confidence in the judiciary.
